Case details

Plaintiff claimed uneven portion of alleyway caused fall

SUMMARY

$28000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
fracture, right wrist, wrist
FACTS
On the evening of June 8, 2012, plaintiff Betty Chavez, an unemployed 47 year old, left her apartment in Anaheim to go visit a friend. While walking in the private alleyway of her apartment community, Chavez tripped and fell on an uneven portion or pothole located in the back-end of the alleyway. She claimed a fractured right wrist from the incident. Chavez sued the owning entity of the apartment community, the Ruth G. Richey Family Trust, and James Colclaser, who was acting as trustee of the Ruth G. Richey Family Trust. Chavez alleged the defendants failed to properly maintain and/or repair the back-end of the alleyway, creating a dangerous condition that led to her accident. Defense counsel contended that the portion of the alleyway that Chavez referred to was an open and obvious condition, which Chavez should have been able to avoid., Chavez suffered a fracture to her right, dominant wrist. A friend subsequently took Chavez from the scene of the incident to an emergency room, where Chavez underwent open reduction and internal fixation surgery. She then followed up with a few months of physical therapy. Chavez claimed she still deals with pain and discomfort in her right wrist, as well as limited flexibility due to a residual bump on the wrist. She alleged that she cannot return to work in an administrative setting due to her inability to write and that she is also restricted from household chores. Thus, Chavez sought recovery of roughly $29,000 in past medical costs. She also sought recovery of damages for her pain and suffering. Defense counsel did not dispute the severity of Chavez’s fracture, but contended Chavez had made as good of a recovery as possible. Thus, counsel disputed Chavez’s claim of pain and suffering.
COURT
Superior Court of Orange County, Santa Ana, CA

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